NEDARIM 56 (3 Av) - dedicated l'Iluy Nishmas Reb Aharon Dovid ben Elimelech Shmuel Kornfeld (Muncasz/Israel/New York), who passed away on 3 Av 5761, by his daughter Diane Koenigsberg and her husband Dr. Andy Koenigsberg. May his love for Torah and for Eretz Yisrael continue in all of his descendants.

1)

(a)Rebbi Meir in our Mishnah rules 'ha'Noder min ha'Bayis, Mutar ba'Aliyah'. What do the Chachamim say?

(b)What if someone is Noder min ha'Aliyah? Will he be permitted to live in the house?

(c)The Beraisa Darshens from the Pasuk in Tazri'a (in connection with Tzara'as on the house) "b'Veis Eretz Achuzaschem" to include the attic. Why does Rav Chisda establish the Beraisa like Rebbi Meir.

(d)On what grounds does Abaye, based on the word "Achuzaschem" disagree?

1)

(a)Rebbi Meir in our Mishnah rules 'ha'Noder min ha'Bayis, Mutar ba'Aliyah'. The Chachamim maintain - that a Neder on a house incorporates the attic.

(b)Someone who is Noder min ha'Aliyah - is permitted to live in the house, according to everyone.

(c)The Beraisa Darshens from the Pasuk in Tazri'a (in connection with Tzara'as on the house) "b'Veis Eretz Achuzaschem" to include the attic. Rav Chisda establishes the Beraisa like Rebbi Meir - because, according to the Chachamim, who hold that a house automatically incorporates the attic, we do not need a Pasuk to teach us that.

(d)Abaye disagrees, based on the word "Achuzaschem" - which implies that the house must be attached to the ground (which the attic is not). Consequently, even the Rabanan will agree that a special Pasuk is required to teach us otherwise.

2)

(a)The Tana also Darshens "b'Veis", 'Lerabos es ha'Yatzi'a' (the gallery or the extension). On what basis do we reject this text?

(b)We change it to 'Lerabos es ha'Tzavu'a' (a colored room). Why would we otherwise have thought that a colored room is not subject to Tzara'as?

2)

(a)The Tana also Darshens "b'Veis", 'Lerabos es ha'Yatzi'a' (the gallery or the extension). We reject this text however - on the basis of a Tosefta, which Darshens exactly the opposite from the Pasuk "b'Kiros ha'Bayis" 'v'Lo b'Kiros ha'Yatzi'a'.

(b)We change it to 'Lerabos es ha'Tzvu'a' (a colored room), which we would otherwise have precluded from the Dinim of Tzara'as - because we would have compared a house with Tzara'as to a garment with Tzara'as (and a colored garment is not subject to Tzara'as).

3)

(a)Rav Huna bar Chiya said in the name of Ula 'Bayis b'Veisi Ani Mocher Lach, Mar'ehu Aliyah'. What can we infer from this?

(b)We suggest that Ula's statement follows the opinion of Rebbi Meir, who holds that 'a house' does not incorporate the attic. How would we explain 'Aliyah' in order to establish the Beraisa even like the Rabanan?

(c)According to our initial understanding of the Beraisa - why could the buyer not argue that he bought a house, and not an attic?

(d)The Sugya in Menachos concludes like our initial understanding of Ula's statement, in which case, the Halachah ought to be like Rebbi Meir. In spite of this, the Ramban establishes the Halachah like the Chachamim. Bearing in mind the inference that we made from Ula's statement, how does he do that?

(e)What does the Rambam say?

3)

(a)Rav Huna bar Chiya said in the name of Ula 'Bayis b'Veisi Ani Mocher Lach, Mar'eihu Aliyah', from which we can infer - that if he had said Stam Bayis, he could not force the buyer to accept the attic.

(b)We suggest that Ula's statement follows the opinion of Rebbi Meir, who holds that 'a house' does not incorporate the attic. In order to establish the Beraisa even like the Rabanan - we explain 'Aliyah' to mean 'Me'uleh she'be'Batim' (meaning that it is the purchaser who has the upper-hand, because 'Bayis she'be'Batim' implies a good-quality house or room.

(c)According to our initial understanding of the Beraisa - the buyer could not argue that he bought a house, and not an attic - because (based on the principle 'ha'Motzi me'Chaveiro, Alav ha'Re'ayah') the purchaser always has the underhand.

(d)The Sugya in Menachos concludes like our initial understand of Ula's statement, in which case, the Halachah ought to be like Rebbi Meir. Nevertheless, the Ramban establishes the Halachah like the Chachamim - because the Sugya in Menachos does not agree with the inference that we made from Ula's statement. In fact, what Ula meant, when he said 'Bayis b'Veisi', is that even there, the seller may force the purchaser to accept an attic, and it is obvious that that will be the Din in a regular case of Bayis Stam.

(e)The Rambam agrees with this ruling.

4)

(a)'Rebbi Meir Omer, ha'Noder min ha'Mitah, Mutar b'Dargesh'. What do the Chachamim say?

(b)What will be the Din in the case of Noder min ha'Dargesh? Will it incorporate beds?

(c)Where does a king who becomes an Avel and those who come to comfort him, sit at the Se'udas Havra'ah (the first meal that one serves an Avel)?

(d)How do we initially try to prove from this Mishnah too, that a Dargesh cannot be a bed that is made for good Mazal, but not to sleep on?

4)

(a)'Rebbi Meir Omer ha'Noder min ha'Mitah, Mutar b'Dargesh' - va'Chachamim Omrim, Dargesh bi'Chelal Mitah.

(b)If he is Noder min ha'Dargesh however - everyone agrees that beds are not included.

(c)When the people come to participate in the Se'udas Havra'ah (the first meal that one serves an Avel) of a king who becomes an Avel - they sit on the floor, whilst he sits on a Dargesh.

(d)We initially try to prove from this Mishnah too, that a Dargesh cannot be a bed that is made for good Mazal, but not to sleep on, because if it was - why should the king sit on a surface which he does not sit on the whole year round?!

5)

(a)We refute the current proof however, on the grounds that one also serves an Avel meat and wine, even though he may well not partake of them the whole year round. So we try to disprove our initial suggestion from the Beraisa which requires the Dargesh to be stood upright, but not overturned. Why would our current interpretation of Dargesh present a problem with this interpretation?

(b)This too is not a problem however, because we have a precedent of other beds that are exceptions to the rule, and which do not need to be overturned. Which beds?

(c)We finally refute the current explanation from another Beraisa, where Raban Shimon ben Gamliel says 'Dargesh Matir Karvitav, v'Hu Nofel me'Elav'. How does this prove our original suggestion wrong? What are 'Karvitav'?

(d)Both the Chachamim and Raban Shimon ben Gamliel agree that a Dargesh does not need to be overturned. Why not? Why is a Dargesh different than a bed in this respect?

5)

(a)We refute the previous proof however, on the grounds that one also serves an Avel meat and wine, even though he may well not partake of them the whole year round. So we try to disprove our initial suggestion from the Beraisa which requires the Dargesh to be stood upright, but not overturned. Now if, as we currently believe, a Dargesh is a bed that is made for good Mazal - why should it be different than any other bed, about which the Beraisa rules 'Ela Kol Mitos she'Yesh Lo ba'Bayis Hu Kofeh'?

(b)This too is not a problem however, because we have a precedent of other beds that are exceptions to the rule, and which do not need to be overturned - such as beds which are designated for vessels (see Rosh DH 'Midi d'Havah').

(c)We finally refute the current explanation from another Beraisa, where Raban Shimon ben Gamliel says 'Dargesh Matir Karvitav ('its loops'), v'Hu Nofel me'Elav' - and a Dargesh does not have loops.

(d)Both the Chachamim and Raban Shimon ben Gamliel agree that a Dargesh does not need to be overturned - because, unlike a bed, its posts do not protrude above the height of the frame, in which case, overturning it would cause the leather mattress to become dirty.

56b----------------------------------------56b

6)

(a)We have proved that a Dargesh is not a bed that is designated for Mazal. How does Ravin quoting Rav Tachlifa bar Ma'arva then define it?

(b)How was Ravin certain that Rav Tachlifa bar Ma'arva was right?

(c)Rebbi Yirmeyahu initially thinks that they used to tie the leather mattress to the bed by winding its straps round the poles of the frame in opposite directions and then tying them together. According to that, how would they then have tied the mattress to the Dargesh?

6)

(a)We have proved that a Dargesh is not a bed that is designated for Mazal. Ravin quoting Rav Tachlifa bar Ma'arva - defines it as a tanner's bed or sofa.

(b)Ravin was certain that Rav Tachlifa bar Ma'arva was right - because he often frequented the tanner's market, and was therefore familiar with the items that were sold there.

(c)Rebbi Yirmeyahu initially thinks that they used to tie the leather mattress to the bed by winding its straps round the poles of the frame in opposite directions and then tying them together. In that case - they would have tied the mattress to the Dargesh by pushing the straps through the narrow holes in the poles and then tying them together with a bow.

7)

(a)We query Rebbi Yirmeyahu however, from a Beraisa, which discusses the Tum'ah of wooden vessels. What does the Tana say about wooden beds and babies-cribs? At which point do they become subject to Tum'ah?

(b)How does this disprove Rebbi Yirmeyahu's theory that one ties the mattress to the bed by winding the straps around the poles of the frame?

(c)So we are forced to conclude that the mattress of a bed, like that of a Dargesh, is attached to the frame by pushing the straps through holes in the posts and tying them with a bow. In that case, (besides the different heights of the bed-posts) what distinguishes a Dargesh from a bed?

(d)How does Rebbi Yehoshua ben Levi finally rule with regard to ...

1. ... a Dargesh? Does one stand it upright or simply untie the bows and let it fall?

2. ... a two-poster bed, which cannot be overturned?

7)

(a)We query Rebbi Yirmeyahu however, from a Beraisa, which discusses the Tum'ah of wooden vessels. According to the Tana, wooden beds and babies-cribs become subject to Tum'ah - as soon as they have been rubbed smooth with the skin of fish (the olden-day equivalent of sand-paper).

(b)This disproves Rebbi Yirmeyahu's theory that one ties the mattress to the bed by winding the straps around the poles of the frame - because if that was so, why would it be necessary to smoothen the poles, seeing as they would be covered anyway.

(c)So we are forced to conclude that the mattress of a bed, like that of a Dargesh, is attached to the frame by pushing the straps through holes in the posts and tying them with a bow; and what distinguishes a Dargesh from a bed (besides the different heights of the bed-posts) is - the fact that the former has loops which are pre-attached to its poles, and to which one ties the straps of the mattress, whereas the latter does not.

(d)Rebbi Yehoshua ben Levi finally rules that with regard to ...

1. ... a Dargesh - one simply unties the knots and lets it fall, like Raban Shimon ben Gamliel.

2. ... a two-poster bed, which cannot be overturned - must be stood upright.

8)

(a)We have learned in our Mishnah 'ha'Noder min ha'Ir, Mutar Likanes li'Techumah shel Ir, v'Asur Likanes l'Iburah'. What is the definition of ...

1. ... 'Iburah shel Ir'?

2. ... 'Techumah shel Ir'?

(b)The Tana continues 'Aval ha'Noder min ha'Bayis, Asur min ha'Egef v'Lifnim'. What does this mean? What is the 'Egef'?

8)

(a)We have learned in our Mishnah 'ha'Noder min ha'Ir, Mutar Likaneis li'Techumah shel Ir, v'Asur Likanes l'Iburah'. The definition of ...

1. ... 'Iburah shel Ir' - is the first seventy Amos immediately outside its walls.

2. ... 'Techumah shel Ir' - is the two thousand Amos beyond the Ibur.

(b)The Tana continues 'Aval ha'Noder min ha'Bayis, Asur min ha'Agaf v'Lifnim' - meaning that a house or room incorporates the space taken up by the door (when the door is open).

9)

(a)How does Rebbi Yochanan learn from the Pasuk in Yehoshua "Vayehi Biheyos Yehoshua bi'Yericho ... ", that the Ibur of the city is considered part of the city?

(b)How do we know that this Pasuk refers to the Ibur and not to the Techum?

9)

(a)Rebbi Yochanan derives from the Pasuk "Vayehi Biheyos Yehoshua bi'Yericho ... ", that the Ibur of the city is considered part of the city - because otherwise, in view of the Pasuk there "vi'Yericho Sogeres u'Mesugeres" (rendering it inaccessible), the first Pasuk would make no sense, seeing as Yehoshua could not possibly have been inside Yericho.

(b)We know that this Pasuk refers to the Ibur and not to the Techum - because of the Pasuk in Masei (with reference to the Techum) "u'Madosem mi'Chutz la'Ir", which teaches us that the Techum is not considered part of the city.

10)

(a)Rav Mari queries our Mishnah, which implies that someone who stands outside the Agaf (which includes underneath the lintel) is not considered to be inside the house, from a Mishnah in Nega'im, which discusses the Din of a Kohen locking up a house which has signs of Tzara'as, in which regard the Torah writes "v'Yatza ha'Kohen min ha'Bayis". How do we know that this does not mean that he must (or that he may) go home and close it from there?

(b)How could he possibly do that anyway?

(c)And what do we then learn from " ... min ha'Bayis"?

(d)What does the Tana say about a case where the Kohen went home before shutting the house, or if he did so standing underneath the outer part of the lintel?

10)

(a)Rav Mari queries our Mishnah, which implies that someone who stands outside the Agaf (which includes underneath the lintel) is not considered to be inside the house, from a Mishnah in Nega'im, which discusses the Din of a Kohen locking up a house which has signs of Tzara'as, in which regard the Torah writes "v'Yatza ha'Kohen min ha'Bayis". We know that this does not mean that he must (or that he may) go home and close it from there - because the Torah also writes there "el Pesach ha'Bayis".

(b)He could do that - by taking one end of a long a long ball of string with him to his house, whilst leaving the other end tied to the door of the stricken house.

(c)We therefore learn from " ...min ha'Bayis" - that the Kohen must leave even the area underneath the lintel before closing the door of the house.

(d)The Tana rules that, if the Kohen went home before shutting the house, or if he did so whilst standing underneath the lintel - he has nevertheless performed his duty b'Di'eved.

11)

(a)What does Rav Mari now ask from the Mishnah in Nega'im that appears to clash with our Mishnah?

(b)How do we therefore explain the Mishnah in Nega'im, to reconcile it with our Mishnah?

(c)What will consequently be the Din if someone makes a Neder to stand inside a house? Where will have to stand in order to fulfill his Neder?

11)

(a)Rav Mari now asks from that Mishnah - which implies that the Tana considers underneath the lintel part of the house (seeing as the Kohen is obligated to leave that area, too), whilst our Mishnah does not.

(b)To reconcile the Mishnah in Nega'im with our Mishnah, we point to the redundant words ("min ha'Bayis"), from which the Tana learns that the Kohen must leave even the area underneath the lintel (even though it is not really part of the house).

(c)Consequently, someone who makes a Neder to stand inside a house - he will have to stand anywhere on the inside of the lintel.

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